Islamic marriage advice and family advice

Regarding children conceived out of wedlock

Ibn-Al-Qayyim-Fear-and-Hope

Assalamu alaikum.

 

This topic quite catches my attention, due to several news I've read recently in my country, and I guess zina is indeed more widespread now, even within Muslim community (I'm sorry, I'm not accusing anyone, it's just what I perceive especially in big cities). I read that if a child is conceived or born out of wedlock, the child's nasab is to his/her mother (although if the child wants to get married, it can be said as bin/binti Abdullah/Abdurrahman too, so there will be no shame upon the child). Such child doesn't get inheritance from his/her biological father's family, too.

 

However, what if the child's biological father eventually wants to connect with the child (e.g. give financial support, make child visitation, tell the child itself that he's indeed the father)? Is it actually permissible, or not? Or is there different ruling whether the child's father is a Muslim or not?

 

Thank you for your attention.

I indeed read that you prefer not to answer about fatwa/rulings, but I guess this case also concerned about humanity and children's rights in general.

WisteriaLady

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6 Responses »

  1. Asalam Alekum

    Honestly, I have nothing to say to you sister, you need to tell this to someone knowledgable like an Imaam, only they can answer your question if it's what you really want to know islamically.

    Otherwise, it is not permissible for you to but into people's lives.

    Because it gives nothing beneficial but thoughts of Fitnah.

    On the authority of Abu Hurayrah (may Allah be pleased with him) who said: The Messenger of Allah (peace be upon him) said:

    "Part of the perfection of one's Islam is his leaving that which does not concern him."

    [Tirmidhi]

    Wa Salam Alekum

    • There is nothing wrong with seeking knowledge about Islamic rulings on any subject. I do not see the questioner butting into anyone's life, subhanAllah.

      Wael
      IslamicAnswers.com Editor

  2. Sister Wisteria, As-salamu alaykum,

    What you have said about the out-of-wedlock child taking the mother's name, inheriting from the father, etc, is all true only if the father does not acknowledge the child as his. The scholars have disagreed on the matter in the case of a father who acknowledges paternity.

    Claiming Paternity

    Some scholars are of the view that the illegitimate child is not to be attributed to the zaani, even if he acknowledges him and wants to attribute the child to himself; rather the child is to be attributed to his mother only.

    Other scholars are of the view that if the zaani wants to attribute his illegitimate child to himself, then the child should be attributed to him. This was also the view of some of the salaf (early generations) and was narrated from Imam Abu Haneefah.

    IslamQA.com says that the view that the illegitimate child is to be attributed to the zaani if he wants to acknowledge him and if the mother was not married to any other man, is more correct, and Allah knows best. It was the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) and his student Ibn al-Qayyim. See: al-Ikhtiyaaraat al-Fiqhiyyah (p. 477) and Zaad al-Ma‘aad (5/374).

    Ad-Daarimi narrated in his Sunan (3106) that Sulaymaan ibn Yasaar said: If a man claims that a boy is his son and that he committed zina with his mother, and no one else claims that boy as his, then he may inherit from him.

    Ibn al-Qayyim said: Rationally speaking, the father is one of the two parties involved in the act (of zina), and as the child is attributed to his mother and she may inherit from him and he may inherit from her, and the blood relationship is established between him and the mother’s relatives, even though she bore him as the result of zina and the child was the product of the water of both parties and they both agreed that he is their child, why shouldn’t the child be attributed to him if there is no other man who claims to be this child’s father. This is based purely on rational thinking.

    Owner of the Bed

    In a separate issue, if the man and woman were in a relationship where they live together - even if they are not married - then the child is considered to belong to that man, as the Messenger of Allah (sws) said, ‘The child belongs to the owner of the bed, and the stone is for the adulterer.’ [Al-Bukhaari and Muslim].”

    Also understood from this hadith is that a child born to a married couple is considered to be that couple's child and is attributed to the husband, even if there was some suspicion of adultery, or even if the mother was raped by someone else. This is best for the stability of the family and the wellbeing of the child, who is innocent in the situation.

    On the other hand, the scholars have said that If the relationship was a mere love affair (boyfriend-girlfriend); then the child is not attributed to that man and he does not have to spend on him. The child is attributed to his mother.

    DNA Testing

    In my opinion there are situations where DNA testing should be used to determine parentage, and therefore to accord the child his paternal rights, such as when the couple are unmarried and there is some doubt or question about paternity. However, the Islamic scholars have been slow to acknowledge the possibilities of DNA testing in fiqh. I think this matter should be seriously considered and studied by a group of scholars. After all, Allah encourages us to learn and use our minds, and to develop new understandings of the world:

    “In the creation of the heavens and the earth and the alternation of the night and day are signs for those of understanding.” (Quran 3:190)

    No Shaming

    Lastly, the out-of-wedlock child is a full citizen and is innocent of his parents's sin. He should not be shamed, accused, or made to feel inferior to anyone. No one carries the burden of another's sins. I also do not like the term "illegitimate" child. "Illegitimate" implies that the child's very humanity is in question. No, every human being is legitimate!

    Such a child enjoys all the rights of any other citizen and should not be looked down on in any way.

    Wael
    IslamicAnswers.com Editor

    • Salam Wael,

      Thanks for writing this up. I was thinking of responding but now I don't have to :).

    • Wa alaikum salam.

      Thank you so much for your reply. I indeed do not intend to be nosy about other people's lives; again, it's just because of what I've perceived from several news in my country (and the people involved at least stated that they were Muslims).

      It is enlightening my mind to know several opinions regarding this subject.

  3. this has been bordering me too I wanted asking a question about this but always push it off by telling my self maybe it's the punishment they get for having a baby but I keep wondering sometimes what about the child it's not it fault. But alhamdulillah someone posted this

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